The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011

Amendments to the State Pension Credit Regulations 2002

15.—(1) The State Pension Credit Regulations 2002(1) are amended as follows.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) after the definition of “care home service(2)” insert–

““the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;”; and

(b) in the definition of “qualifying person” after “the Skipton Fund(3)” insert “, the Caxton Foundation”.

(3) In regulation 2 (persons not in Great Britain) omit paragraph (4)(f)(i).

(4) In regulation 24 (income paid to third parties)—

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) or (3)”; and

(b) after paragraph (2) insert–

“(3) Paragraph (1) shall not apply in respect of any payment of income arising out of the claimant’s participation in a service user group.”.

(5) In paragraph 14(8)(b) of Schedule II (housing costs) after “MFET Limited” insert “, the Skipton Fund, the Caxton Foundation”.

(6) In paragraph 15(1) and (7) of Schedule V (income from capital) after “the Skipton Fund” insert “, the Caxton Foundation”.

(7) In Part 1 (capital disregarded for the purpose of calculating income) of Schedule V (income from capital), after paragraph 23B insert—

“23C.   Any payments made by virtue of regulations made under—

(a) section 57 (direct payments) of the Health and Social Care Act 2001(4);

(b) section 12B (direct payments in respect of community care services) of the Social Work (Scotland) Act 1968(5); or

(c) sections 12A to 12C (direct payments for health care) of the National Health Service Act 2006(6).”.

(1)

S.I. 2002/1792.

(2)

The definition of “care home service” was inserted by regulation 2 and paragraph 1 of the Schedule to S.I. 2002/3197.

(3)

The definition of “the Skipton Fund” was inserted by regulation 2 of S.I. 2004/1141.

(4)

2001 c. 15; section 57 was amended by the Health and Social Care Act 2008 (c. 14), section 146(1) to (7). In relation to Wales it was amended by the Social Care Charges (Wales) Measure 2010 (2010 nawm 2), section 16.

(5)

1968 c.49; section 12B was inserted by the Community Care (Direct Payments) Act 1996 (c. 30), section 4; it was amended by the Regulation of Care (Scotland) Act 2001 (2002 asp 8), section 70; the Community Care and Health (Scotland) Act 2002 (2002 asp 5), section 7 and Schedule 2, paragraph 1(2); and the Adult Support and Protection (Scotland) Act 2007 (2007 asp 10), section 63.

(6)

2006 c. 41; sections 12A to 12C were inserted by the Health Act 2009 (c. 21), section 11.